GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

H                                                                                                                                                   D

HOUSE BILL DRH30152-MS-92   (03/09)

 

 

 

Short Title:      Modernize Mutual Assistance Statutes.

(Public)

Sponsors:

Representatives McNeill, Faircloth, and Meyer (Primary Sponsors).

Referred to:

 

 

A BILL TO BE ENTITLED

AN ACT to create a presumption that allows one law enforcement agency to easily assist another law enforcement agency whenever necessary.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 160A‑288(a) reads as rewritten:

"§ 160A‑288.  Cooperation between law‑enforcement agencies.

(a)        In accordance with rules, policies, or guidelinesUnless specifically prohibited or limited by an ordinance officially adopted by the governing body of the city or county by which hethe person is employed, and subject to any conditions or restrictions included therein,appointed, or elected to serve, the head of any law‑enforcement agency may temporarily provide assistance to another agency in enforcing the laws of North Carolina if so requested in writing by the head of the requesting agency. The assistance may comprise allowing officers of the agency to work temporarily with officers of the requesting agency (including in an undercover capacity) and lending equipment and supplies. While working with the requesting agency under the authority of this section, an officer shall have the same jurisdiction, powers, rights, privileges and immunities (including those relating to the defense of civil actions and payment of judgments) as the officers of the requesting agency in addition to those hethe officer normally possesses. While on duty with the requesting agency, hethe officer shall be subject to the lawful operational commands of histhe officer's superior officers in the requesting agency, but hethe officer shall for personnel and administrative purposes, remain under the control of histhe officer's own agency, including for purposes of pay. HeThe officer shall furthermore be entitled to workers' compensation and the same benefits when acting pursuant to this section to the same extent as though hethe officer were functioning within the normal scope of histhe officer's duties."

SECTION 2.  G.S. 16A‑288.2(a) reads as rewritten:

"§ 160A‑288.2.  Assistance to State law‑enforcement agencies.

(a)        In accordance with rules, policies, or guidelinesUnless specifically limited or prohibited by an ordinance officially adopted by the governing body of the city or county by which hethe person is employed, and subject to any conditions or restrictions included therein,appointed, or elected to serve, the head of any local law‑enforcement agency may temporarily provide assistance to a State law‑enforcement agency in enforcing the laws of North Carolina if so requested in writing by the head of the State agency. The assistance may comprise allowing officers of the local agency to work temporarily with officers of the State agency (including in an undercover capacity) and lending equipment and supplies. While working with the State agency under the authority of this section, an officer shall have the same jurisdiction, powers, rights, privileges and immunities (including those relating to the defense of civil actions and the payment of judgments) as the officers of the State agency in addition to those hethe officer normally possesses. While on duty with the State agency, hethe officer shall be subject to the lawful operational commands of histhe officer's superior officers in the State agency, but hethe officer shall for personnel and administrative purposes, remain under the control of the local agency, including for purposes of pay. HeThe officer shall furthermore be entitled to workers' compensation and the same benefits when acting pursuant to this section to the same extent as though hethe officer were functioning within the normal scope of histhe officer's duties."

SECTION 3.  This act is effective when it becomes law.